黑洞社区

Six further construction companies have had the fines imposed on them by the OFT for cover pricing reduced by 75%

In a judgment that was consistent with the findings of earlier appeals on the matter the Competition Appeal Tribunal (CAT) this morning argued that penalties imposed by the OFT had been 鈥渆xcessive and disproportionate鈥�.

Fines were reduced today on the following companies:

路&苍产蝉辫;&苍产蝉辫;&苍产蝉辫;&苍产蝉辫;&苍产蝉辫;&苍产蝉辫;&苍产蝉辫;&苍产蝉辫;Apollo 拢2,150,536, reduced to 拢399,000 (-81.4%)

路&苍产蝉辫;&苍产蝉辫;&苍产蝉辫;&苍产蝉辫;&苍产蝉辫;&苍产蝉辫;&苍产蝉辫;&苍产蝉辫;Galliford Try 拢8,333,329, reduced to 拢1,395,000 (-83.3%)

路&苍产蝉辫;&苍产蝉辫;&苍产蝉辫;&苍产蝉辫;&苍产蝉辫;&苍产蝉辫;&苍产蝉辫;&苍产蝉辫;GF Tomlinson 拢1,269,270, reduced to 拢579,000 (-54.4%)

路&苍产蝉辫;&苍产蝉辫;&苍产蝉辫;&苍产蝉辫;&苍产蝉辫;&苍产蝉辫;&苍产蝉辫;&苍产蝉辫;G&J Seddon 拢1,516,646, reduced to 拢492,000 (-67.6%)

路&苍产蝉辫;&苍产蝉辫;&苍产蝉辫;&苍产蝉辫;&苍产蝉辫;&苍产蝉辫;&苍产蝉辫;&苍产蝉辫;Interclass拢464,406, reduced to 拢324,000 (-30.2%)

路&苍产蝉辫;&苍产蝉辫;&苍产蝉辫;&苍产蝉辫;&苍产蝉辫;&苍产蝉辫;&苍产蝉辫;&苍产蝉辫;Sol Construction 拢1,835,702, reduced to 拢744,000 (-59.5%)

None of these companies were contesting liability.

Alan Davis, a partner at Pinsent Masons who acted for Apollo and Galliford Try, said that today鈥檚 judgment showed that while cover pricing was 鈥渘ot at the most serious end of competition infringements, there were strong messages about its illegality鈥� and that fines may be uplifted for deterrence purposes.

A statement from Galliford Try said: 鈥淕alliford Try does not condone any form of anti-competitive activity and continues to maintain a rigorous competition law compliance regime across all its businesses.鈥�

As with earlier judgments the Tribunal found that the OFT should have levied fines on the basis of turnover for the year prior to the infringements, rather than prior to its decision.

Judgments on seven separate appeals have now been handed down by the CAT. On 11 March six construction companies, including Kier and John Sisk, had their fines reduced by up to 94%.

The largest monetary reduction was achieved by Kier, which will now have to pay less than 拢2m compared with the original fine it had faced of 拢17.9m.

While on Tuesday this week Durkan achieved a partial win, succeeding in having its cover pricing fine wiped out but not in its dispute over ownership of former subsidiary Concentra.